Marginal note:Interim injunction
33 (1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an interim injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under Part VI — other than an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53 — or under section 66, pending the commencement or completion of a proceeding under subsection 34(2) or a prosecution against the person, if it appears to the court that
(a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence; and
(b) if the offence is committed or continued,
(i) injury to competition that cannot adequately be remedied under any other provision of this Act will result, or
(ii) serious harm is likely to ensue unless the injunction is issued and the balance of convenience favours issuing the injunction.
Marginal note:Injunction — offences involving telecommunication
(1.1) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction forbidding any person named in the application from doing any act or thing that it appears to the court could constitute or be directed toward the commission of an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, if it appears to the court that
(a) the person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence;
(b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and
(c) the balance of convenience favours issuing the injunction.
Marginal note:Injunction against third parties — offences involving telecommunication
(1.2) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction ordering any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to commit or continue an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, or to do any act or thing that it appears to the court could prevent the commission or continuation of such an offence, if it appears to the court that
(a) a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of the offence;
(b) if the offence is committed or continued, serious harm is likely to ensue unless the injunction is issued; and
(c) the balance of convenience favours issuing the injunction.
Marginal note:Notice of application
(2) Subject to subsection (3), at least 48 hours’ notice of an application for an injunction under subsection (1), (1.1) or (1.2) shall be given by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, to each person against whom the injunction is sought.
Marginal note:Ex parte application
(3) If a court to which an application is made under subsection (1), (1.1) or (1.2) is satisfied that subsection (2) cannot reasonably be complied with, or that the urgency of the situation is such that service of notice in accordance with subsection (2) would not be in the public interest, it may proceed with the application ex parte but any injunction issued under subsection (1), (1.1) or (1.2) by the court on ex parte application has effect only for the period, not exceeding 10 days, that is specified in the order.
Marginal note:Terms of injunction
(4) An injunction issued under subsection (1), (1.1) or (1.2)
(a) shall be in the terms that the court that issues it considers necessary and sufficient to meet the circumstances of the case; and
(b) subject to subsection (3), has effect for the period that is specified in the order.
Marginal note:Extension or cancellation of injunction
(5) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, as the case may be, or by or on behalf of any person to whom the injunction is directed, on at least 48 hours’ notice of the application to all other parties to the injunction, a court that issues an injunction under subsection (1), (1.1) or (1.2) may, by order,
(a) despite subsections (3) and (4), continue the injunction, with or without modification, for any definite period that is specified in the order; or
(b) revoke the injunction.
Marginal note:Duty of applicant
(6) If an injunction is issued under subsection (1), (1.1) or (1.2), the Attorney General of Canada or the attorney general of a province, as the case may be, shall proceed as expeditiously as possible to institute and conclude any prosecution or proceedings arising out of the acts or things on the basis of which the injunction was issued.
Marginal note:Punishment for disobedience
(7) A court may punish any person who contravenes an injunction issued by it under subsection (1), (1.1) or (1.2) by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.
Marginal note:Definition of court
(8) In this section, court means the Federal Court or a superior court of criminal jurisdiction as defined in the Criminal Code.
- R.S., 1985, c. C-34, s. 33
- 1993, c. 34, s. 50
- 1999, c. 2, s. 10
- 2002, c. 16, s. 5
- 2010, c. 23, s. 73
- Date modified: